156 F. Supp. 3d 317
D. Conn.2016Background
- Mendillo, born 1962, worked for Skandia (acquired by Prudential in 2003) in Shelton CT on an eService team integrated with traditional CSRs.
- Prudential across 2006-2010 cross-trained CSRs, added Dalbar-based call quality metrics, and formalized Performance Improvement Process steps.
- In 2010 Mendillo suffered a serious auto accident, began FMLA leave, and Prudential knew of her disability and need for accommodations.
- Prudential removed offline eService duties during 2010–2011, reassigning tasks to younger employees and increasing call volume for Mendillo.
- Mendillo was placed on Performance Building Plan in 2010 and 2011; she was ultimately terminated August 18, 2011; she filed CHRO/EEOC charges on February 14, 2012 and sued alleging ADEA, ADA, FMLA, and CFEPA claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| ADEA discrimination: whether Mendillo’s termination was age-based | Mendillo argues older age was a motivating factor | Employer argues legitimate performance-based termination | Grants summary judgment for age discriminationConclusion: age not the but-for cause—no evidence of age-based motive. |
| ADA failure to accommodate | Employer failed to engage in interactive accommodation after disability was known | Accommodations existed; employer not obligated to adopt a specific accommodation | Denies summary judgment on failure to accommodate; issue for trial. |
| ADA retaliation | Protected activity linked to adverse action; retaliation shown | No protected activity linked to discharge; no causal connection | GRANTS summary judgment on retaliation claim (ADA). |
| FMLA interference | Employer hindered entitlements during intermittent/reduced schedule leave | No denial of entitlements; actions within standard practice | Summary judgment granted for interference (no entitlement denial proven). |
| FMLA retaliation | Discharge and escalating actions tied to FMLA use | No causal link shown; actions based on performance | Denies summary judgment on FMLA retaliation; issues for trial. |
Key Cases Cited
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (U.S. 1973) (framework for discrimination burden-shifting)
- Gross v. FBL Fin. Servs., Inc., 557 U.S. 167 (U.S. 2009) (requires but-for causation in age discrimination claims (overall framework))
- Gorzynski v. JetBlue Airways Corp., 596 F.3d 93 (2d Cir. 2010) (applies McDonnell Douglas to ADEA; case-by-case analysis of but-for causation)
- Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133 (U.S. 2000) (pretext evidence can support discrimination finding)
- Vernon v. Port Auth. of New York & New Jersey, 154 F. Supp. 2d 844 (S.D.N.Y. 2001) (qualification standard for prima facie case described)
- Rubinow v. Boehringer Ingelheim Pharm., Inc., 496 Fed.Appx. 117 (2d Cir. 2012) (evidence of age discrimination burden-shifting)
- Delaney v. Bank of Am. Corp., 766 F.3d 163 (2d Cir. 2014) (but-for causation in discrimination analysis)